'Goodwill Gesture' or Trap

Have you recently received an offer of compensation from your tour operator following an illness or accident abroad which they have described as a 'Goodwill Gesture'? If so, Simpson Millar's experienced team of travel lawyers can offer you free help and advice.

When a tour operator makes you an offer of compensation following a complaint about your holiday, it may come in the form of a cash settlement or a holiday voucher to be used for the purchase of your next holiday.

What does this mean?

The offer of a 'goodwill gesture' does not mean that the tour operator has admitted liability for the illness or accident which occurred whilst you were on holiday.

It could mean two things:

Firstly, the offer could be a genuine goodwill gesture. The tour operator may not have been at fault for the incident that occurred but values your custom. They are looking to retain you as a future customer and are therefore making the offer in the hope that you will book further holidays with them.

Secondly, the goodwill gesture might be an indication that the company believes they are to blame for your illness or injury and they are attempting to "buy you off" before you decide to take the matter any further and take legal action. Taking legal action means that the tour operator will have to pay you the compensation you are actually entitled to and the solicitor's costs.

Careful consideration should be given before accepting any 'goodwill gesture' offer as it may be deemed a full and final settlement of your holiday claim. It would be very unlikely that you would be able to claim any further compensation from the tour operator in the future if your illness symptoms or injuries persisted.

We can help you

Simpson Millar's holiday claims team can provide you with free advice regarding any 'Goodwill Gesture' you have received from your tour operator.

We can advise you whether legal action is appropriate, if we believe that thier offer is not a genuine and sufficient attempt to compensate you for your losses.

We will deal directly with the tour operator and handle all the pressures of the claim process and ensure that you are not ignored or marginalised by them.

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